Some advice re: an interim charging order pls

[lisaf]

Hi All,

 

today I rec'd an interim charging order (first time for one of these)! for an outstanding store card amount which was ccj'd in March 08.

 

The application is to be held on 18th December at Bradford CC (I'm at the other end of the country)! Now I'm panicking! - We must have agreed an amount with them some time ago but in all honesty, I have so many creditors to deal with, and i hadn't heard from them in ages, i completely forgot about it.

We can afford to pay them a small amount each month but is that too late now?

Many thanks in advance for any advice

Lisa x

[maroondevo52]

Hi, Lisa.

 

I may not be much help, but this might be.........

 

Charging orders in the County Court

 

Regards.

 

Scott.

[lisaf]

Hi - thanks very much Maroondevo, it was very helpful thanks.

Any experts in this field?

Ta very much

 

Lisa x

[spamheed]

Firstly you need to contact the court to get it relocated to your local county court.

 

We will need a little more information:

 

is your property jointly owned?

do you have any other creditors?

Do you have any children or proveable medical conditions?

How much is the CCJ for?

Have you made any payments against the CCJ?

 

Is there any equity in the property?

[lisaf]

Hi Spam,

 

Yes it's jointly owned (debt is in OH's name only)

Yes - loads of other creditors!

Have 2 kids and no medical conditions

CCJ is for £3265.67

Honestly can't remember whether we have or not since the ccj

Yes, there is about £90k in equity

 

Lisa x

[ScabHunter]

If a CCJ was awarded back in March the court must have ordered you to pay something.

 

If it was not a 'forthwith judgment', they should have ordered monthly payments.

 

If those monthly payments are maintained, they should not get a charging order (Mercantile Credit v Ellis 1987).

 

SH

[lisaf]

Hi Scab,

to be honest i really can't remember much about this one - will have to try and dig out the paperwork (sharpish)! If they did order payments, we obviously didn't keep them up (wish i'd known about cca's before then)!

Would it be worth contacting the solicitors now and arranging an agreement to show the court we're serious?

Long shot I know but here's hoping!

Lisax

I bumped up my other thread SH (as per PM) x

[spamheed]

A defence can be formed on the grounds that it will give unfair advantage to one creditor over the others, you carry no liability and should not be penalised for the actions of someone else (even a partner)

 

Securing a debt of £3k against £90k of equity would be quite lucrative for them but seems a little unfair and should be stressed as such to the courts.

 

It would be advisable to find out how much you have paid and how many payments you have missed, contacting their solicitors may be a good idea, although at this stage they have little incentive to negotiate.

 

It may be worth speaking to a solicitor on this matter, most solicitors operaate a free half hour interview and may be able to give you a clearer idea for your defence

[lisaf]

Thanks Spam. Do you know of any templates I could send off to their sols by any chance? Just realised one of our creditors is a secured loan (for about £20k) so equity would be at most £70k (even when the market is back to 'normal') - still a fair amount in their name I 'spose!

Many thanks again

Lisa x

[spamheed]

If your other creditors are made aware of this action it will give them the opportunity to object, this can work in your favour.

 

Whilst there isn't a specific template for this scenario, if you look here http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html you will find letters covering a range of other circumstances which may be amended to suit.

 

if you have any difficulties come back and post and we'll see what can be done

[lisaf]

Thanks Spam - I'll have a nose 'round the templates

[lisaf]

Hi Spam, I had a look through the templates but nothing seems appropriate for this - any ideas? I have put this off for this long but the hearing is on the 18th and i really need to get my finger out!

Lisa x

[lisaf]

(((((((BUMP)))))) - Anyone?

[spamheed]

sorry for the delay in replying, I tend to pop in and out throughout the day, depending on my workload

 

Take a look at the following post, it bears similarities to your own and you may be able to obtain relevant guidance from it

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/170506-charging-order-defence.html

[lookinforinfo]

Lisaf-did you go to Court when the original CCJ was applied? If not, then you may be able to get the CCJ set aside which would stop the Charging Order.

 

Did you send them a CCA request before the hearing-and if you did, did they send you a copy of the executed agreement. Did they also send you a Default Notice and was it correctly drawn up? If they do not have the original executed document or the Default Notice was wrong in some way, then the CCJ can be contested. And if successful, the Charging Order is dead too.

So it is worth demanding the documents now under CPR and if they do not provide them before the hearing, you can ask for an adjournment until you receive the papers.

 

Send this letter with thanks from either pt2537 or Curlyben

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with XXXXXXXXXXX

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

Edited December 2, 2008 by lookinforinfo

[lisaf]

Hi Lookingforinfo - no i didn't go to court for the ccj (which i think was the earlier part of this year). Didn't really know about cca's then (wish i had done)! So didn't request one.

I will send this letter off first thing tomorrow - many many thanks.

Lisa x

ps: cheers Spam - i will have a read of that now x

[lisaf]

Hi, I have just sent that letter off now. Just wondered though whether they are obliged to provide this info now as it's been ccj'd etc anyway?

Also how would i go about getting an adjournment?

Many many thanks

Lisa x

[maddiemay]

Oh dear, it looks like I am a little too late to tackle my (husb's) problem, HSBC (First Direct) have applied for an intrim charging order on our jointly owned property to be finalised on 19th Jan 09.We have about 5 days left to respond to the paperwork. I will try to keep it brief as I suspect I have butted in on someone elses thread as I dont know how to start one. May 08 statement from FD showed a credit balance of *** although husb knew he had not paid it off, he assumed it had been passed or sold on to a DCA and we would get something from them. Time passes as it does, no letters that he knows of, but out of the blue husb receives court papers, I was very cross with him (I was also ill then, having had a breakdown, depression, phobia, family and relationship probs, you name it I had it) I think I scrawled on the court papers that it had been paid in full and enclosed a copy of the May statement showing it was in credit, with the papers and sent them back to Northampton, I now know that I should have a) requested cca b) asked for the case to be heard locally c) not left anything to chance,and apparently a ccj was entered in July 2008 and husb has not kept up with the monthly payments he/I apparently offered. Now we find out about this charging order. Husb already has a C/O on the property for 1 debt, and I have recently written to the Inland Revenue offering to secure a debt for husb (again) by way of a C/O. husb has other debts, which we do want to pay but its getting too much now and I need to get everyone accepting the minimum amount possible. I have a charge claim with HSBC (my own acc) but have to wait until the test thing is over, but nothing anywhere else to claim as we always paid everything on time until I lost my marbles last year, I am better, not completely, still on medication but I am not suicidal anymore, the volume of calls we get is vast. I have sent cca requests to everyone mainly to buy time and the few I think we may be able claim charges from have been sent a sar request. Any help with filling in the C/O form would be really appreciated. I have taken bits and pieces from the various templates around this site and written a defence but its pretty much guesswork. I am sorry to the person who's thread this is but I spend so much time trying to learn things from reading posts that I have yet to master how to start a new thread. Thanks in advance for any help, but I do realise it is probably too late to do anything with regards to FD. One last thing I promise, we have a 13 year old son, I dont work, husb is self-employed, doctor will confirm illness. Phew thanks for reading

[lisaf]

Hi Maddiemay, i'm still trying to find my way with all of this and sometimes i find it so overwhelming but you will find really fantastic help and advice on here.

Good luck with everything

Lisa x

[lisaf]

Right - don't know if this is going to have any bearing on any of this and can't believe that i hadn't remembered it earlier.

Anyway, when we bought our house, my OH's boss loaned us £100k to put down so as to make our mortgage more manageable (lovely boss i know)!

Now the agreement was that we would talk about paying it back in about 5 years time (remortgaging etc) and no interest! (4 years is up now and no chance of refinancing)!

Now it has kind of been hinted to us by his boss that she saw it as a gift and as he has looked after her family so well it would certainly not have to be paid for the foreseeable if at all!

Now i know this isn't 100% certain but for the moment, i wondered if this could help against this charging order? In the sense that i have a legal (i think) document from her solicitor saying that we owe the money and it has to be paid back at some point etc etc.

I only just fished it out of the filing cabinet the other day.

So taking into account that 100k of the equity would be hers, that would actually leave us with negative equity in the house.

Also, i really wouldn't want her to know that we were in such difficulty - would the land registry have to let her solicitor know?

Sorry if none of this makes sense but i'm so confuddled!

Even with her generous (very)! contribution, our mortgage is still very high as we got a crap rate as OH had bad credit and self -employed.

Many many thanks for any help in advance!

Lisa xxx

[maddiemay]

Thanks Lisa,your post prompted me to get on and do something to stop the C/O, good to have support from people that really understand.

I am learning more everyday from this site. M xxx

[lisaf]

Also, how do i go about transferring to my nearest court? The date is thundering towards me (18th dec)!

Many thanks in advance

Lisa x

[lisaf]

I'm assuming i won't get anything back from claimant before CO hearing so do i contact the court and ask them to put the date back? Not sure how that works!

 

Many thanks

Lisa x

[lisaf]

((((((((BUMP)))))) Anyone? xx

[Von Greenbach]

We're also experencing difficulties re a CO.

 

Lisa, our case was issued by Bradford CC, but now being transferred to my local CC, is it Eversheds by any chance?

 

Yes, it's a minefield trying to get my head round it all.

 

Perhaps the 3 of us in this thread can bounce of each other in preparing our defence.